Dram Shop Cases

March 9, 2011

Oregon Drunk Driving Case Raises Dram Shop Questions

As reported by The Oregonian, the circumstances surrounding a recent two-car Coastal Oregon car accident on Highway 101 raise a number of potential legal issues, including whether the victims may be in a position to press an Oregon dram shop case.

The newspaper, quoting police sources, reports that the accident took place when an Oldsmobile traveling north on US-101 crossed the center line and hit a southbound pick-up truck. “The impact of the crash tore the Oldsmobile in half, with the two sections coming to rest on opposite sides of the highway,” the paper notes. All three people involved in the crash – the driver of the Oldsmobile and the driver and a passenger in the pick-up – were seriously injured.

Police told The Oregonian that alcohol was a factor in the crash, though the exact nature of its involvement is still under investigation.

February 2, 2011

Driver to face Charges After Oregon Drunk Driving Auto Accident Kills Two

by Matthew D. Kaplan

The driver of a van whose crash left his two passengers dead earlier this week has been charged with a range of offenses, including manslaughter in the first degree and Oregon drunk driving, according to The Oregonian.

The Oregon car accident occurred Tuesday morning near Seal Rock, on the Central Oregon coast. The Oregonian, quoting Oregon State Police, reports that 24-year-old Jose De Leon Colomo was driving north on US-101 when his “van failed to negotiate a left curve, traveled over an embankment, and crashed into a tree, police said. The van broke into several pieces.”

The two passengers in the van were pronounced dead at the scene of the alleged Central Oregon drunk driving crash. Colomo, the driver, was treated at an area hospital before being placed under arrest and transferred to the Lincoln County jail. In addition to drunk driving and manslaughter he has also been charged with recklessly endangering another person and reckless driving, according to The Oregonian.

September 20, 2010

Fatal Beaverton-area Car Crash Raises Dram Shop Issues

by Matthew D. Kaplan

An August 2009 head-on car crash that left two dead in Bethany, near Beaverton, is the subject of a suit brought under Oregon’s dram shop laws, according to an article published last week in The Oregonian.

The Oregon dram shop suit has been brought by the family of Thai Hoang-Williams, who died as a result of a head-on collision with Belinda Lopez, who also died in the Oregon car crash. Lopez’s car crossed the centerline to strike Hoang-Williams’ vehicle. At the time, police blamed speed for the accident, but a private investigator hired by Hoang-Williams’ family also found that Lopez had been drinking heavily at a nearby restaurant, Chen’s Dynasty, shortly before the accident.

According to the newspaper, the Oregon wrongful death lawsuit alleges that Chen’s Dynasty shares responsibility for the accident with Lopez herself because it allegedly continued to serve her alcohol after she was drunk. This claim, according to the newspaper, is based on toxicology reports that were not released publicly at the time of the crash, but which show Lopez to have been significantly over the legal limit for blood alcohol at the time of the accident.

August 11, 2010

Oregon Dram Shop Law Hangs Over Head of Convicted Portland Drunk Driver

by Matthew D. Kaplan

A Multnomah County man convicted in a drunk driving incident that seriously injured two pedestrians has already been sentenced to nearly six years in prison, but faces additional time behind bars if he refuses to cooperate with a related Oregon dram shop law case pending in civil court, according to The Oregonian.

The newspaper reports that Dallas Lawrence, now 25, struck two women after he left a bar while clearly drunk last February. His Oregon drunk driving conviction in the criminal case growing out of the incident is separate from the potential Portland dram shop law case focused on the bar that allegedly continued to serve Lawrence. That case turns on the allegation that the bar allowed Lawrence to get into his car and drive off into the night despite being so drunk that, according to The Oregonian, he “fell off his bar stool” before heading out to the parking lot.

The paper reports that Lawrence’s two victims have not yet filed suit against the bar where he spent the evening drinking. Lawrence faces an additional 2-1/2 years in prison if he does not cooperate, should a suit go forward.